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Deposit not being returned for services not performed Consumer Law, Warranties

Discussion in 'Consumer Fraud & Scams' started by Waltjr, Nov 10, 2019 at 2:43 AM.

  1. Waltjr

    Waltjr Law Topic Starter New Member

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    Jurisdiction:
    Tennessee
    I paid a shop $5000 to do restoration work on my car. The owner went berserk and insisted that I get my car out of his shop. Regarding the deposit, he claims that he has already spent it on personal expenses and he has nothing to give me. The agreed-upon rate for the work was $50/hr and he refuses to work for less than $80/hr. Plus, he wants to bill for hours of work well over double the reasonable rate anywhere else for the same work. He claims that he has the money and will do whatever work he sees fit, regardless of my input. He admits to owing me the money but it's my tough luck because it is already spent. Is it considered theft to spend a deposit for a specific service toward his personal accounts and not doing the work? Is their a recourse besides small claims court? I've been through that another time and it has no teeth if the debtor chooses to just ignore it. Debtors are completely shielded from creditors that have a judgement.
     
  2. PayrollHRGuy

    PayrollHRGuy Active Member

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    This is a civil, not criminal issue. Sue the owner and the shop in small claims court. If you win there will be a number of ways you may collect from him
     
    Red Kayak likes this.
  3. Waltjr

    Waltjr Law Topic Starter New Member

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    Thanks for the reply. I wish that the fact that the money was taken via mail from another state made a difference. ALL of the small claims work is done by the victim, especially all the fees and travel from another state, and the other party can avoid ever paying a dime.
     
  4. Red Kayak

    Red Kayak Member

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    "Wishing" doesn't make it so.

    This is a civil issue, not a criminal issue. PayrollHRGuy accurately responded to your question.

    If the other party has some form of certification/licensing to do restoration work, I suppose you could file a complaint there as well.
     
    army judge likes this.
  5. army judge

    army judge Super Moderator

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    You typed the truth above, mate.

    That is why one must always proceed cautiously whenever anyone demands YOU provide them with a deposit before the other party has done anything to deserve even a dime from you.
     

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